shall be filed not later than the third day following the reporting date; except that where a candidate in order to qualify for the general election must run in two successive primaries in one party no second report on the first primary will be required for those candidates participating in the second primary if reports filed for the second primary are cumulative and supplementary of the report filed before the first primary. Such reports shall contain

a correct and itemized detailed report of contributions received and expenditures made by him in aid or support of his candidacy for election, or for the purpose of influencing the result of the election, in the same manner as required of the treasurer of a political committee by section 202, including amounts expended from his own funds.

(b) The reports required to be filed by subsection (a) shall be cumulative, but where there has been no change in an item reported in a previous report, only the amount need be carried forward.

(c) Every candidate shall enclose with his first report a statement, based upon the records of the proper State official, giving the total number of votes cast for all candidates for the office which the candidate seeks (or the number of persons registered to vote), in the election required to be used as a basis for the computation under section 208(b) (2).

FORMAL REQUIREMENTS ON FILING REPORTS AND STATEMENTS

SEC. 205. The reports and statements required by this title to be filed by a candidate, a treasurer of a political committee, or by any other person, with the Clerk of the House of Representatives and the copies thereof required to be filed with the Secretary of the Senate, and (subject to the provisions of section 207 (b)) with the clerk of the United States district court

(1) shall be verified by the oath or affirmation of the person filing such report or statement, taken before any officer authorized to administer oaths;

(2) shall be deemed properly filed when delivered to the specified recipient, or when deposited in an established post office within the prescribed time, duly stamped, registered, and properly addressed, but in the event it is not received, a duplicate of such report or statement shall be promptly filed upon notice of its nonreceipt by the officer with whom it is required to be filed; and

(3) a copy shall be preserved by the person filing it for a period of one year from the date of filing.

DUTIES OF THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF THE SENATE

SEC. 206. It shall be the duty of the Clerk of the House of Representatives and of the Secretary of the Senate

(1) to preserve the reports and statements filed under this title for a period of six years from the date of receipt;

(2) to make such reports and statements available for public inspection during regular office hours;

(3) to make such reports and statements available for such inspection within twenty-four hours of their receipt by them; and

(4) to permit copying of any such report or statement by hand or by duplicating machine, as requested by any person, at the expense of such person.

DUTIES OF CLERKS OF UNITED STATES DISTRICT COURTS

SEC. 207. (a) It shall be the duty of the clerks of United States district courts

(1) to receive and maintain in an orderly manner all reports and statements required by this Act to be filed with such clerks;

(2) to maintain such reports and statements for public inspection for a period of six years from the date of receipt;

(3) to make such reports and statements available for public inspection during regular office hours;

(4) to make available for public inspection each report and statement within twenty-four hours of its receipt; and

(5) to permit copying of any such report or statement by hand or by duplicating machine, as requested by any person, at the expense of such person.

(b) In States where the secretary of state or other State official is authorized to perform the duties specified in this section, the filing of reports an statements under this title shall be with such State official in lieu of the filing with the clerk of the United States district court.

LIMITATIONS UPON AMOUNT OF EXPENDITURES

SEC. 208. (a) A candidate for Senator or Representative in, or Resident Commissioner to, the Congress of the United States, in his campaign for election, shall not make expenditures in excess of the amount which he may lawfully make under the provisions of this title.

(b) A candidate, in his campaign for election (treating primaries, nominat ing conventions, caucuses, and special and general elections as separate for the purposes of this limitation), may make expenditures up to—

(1) the sum of $50,000 if a candidate for Senator or Representative at Large, or the sum of $12,500 if a candidate for Representative or Resident Commissioner; or

(2) in the case of an election other than a caucus or nominating convention an amount equal to the higher of the following:

(A) (i) the amount obtained by multiplying 20 cents by the total number, not in excess of one million, of votes cast in the last general election for all candidates for the office which the candidate seeks, plus (ii) the amount obtained by multiplying 10 cents by the total number of such votes in excess of one million; or

(B) (i) the amount obtained by multiplying 20 cents by the total number, not in excess of one million, of persons registered to vote in the general election for the office which the candidate seeks, plus (ii) the amount obtained by multiplying 10 cents by the total number of such persons in excess of one million.

(c) Candidates for elections as President and Vice President who are nominees of a political party, in their campaign for election, shall not make expenditures in excess of an amount equal to the amount obtained by multiplying 20 cents by the largest number of voters casting votes for presidential electors in any one of the last three preceding elections. For the purpose of the limitation prescribed in this subsection, there shall be included the expenditures made by or on behalf of either or both candidates.

(d) A candidate for nomination for the office of President or iVce President, in his campaign for such nomination, shall not make expenditures in ar amount in excess of 50 per centum of the amount prescribed in subsection. (c), above.

(e) Money expended by a candidate to meet and discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or expended for his necessary personal, traveling, or subsistence expenses, or for stationery, postage, writing, or printing (other than for use on billboards or in newspapers), for distributing letters, circulars, or posters, or for telegraph or telephone service, shall not be included in determining whether his expenditures have exceeded the sum fixed by paragraph (1) or (2) of subdivision (b) as the limit of campaign expenses of a candidate.

GENERAL PENALTIES FOR VIOLATIONS

SEC. 209. (a) Any person who violates any of the provisions of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both. (b) Any person who willfully violates any provision of this title shall be fined not more than $10,000 and imprisoned not more than two years.

EXPENSES OF ELECTION CONTESTS

SEC. 210. This Act shall not limit or affect the right of any person to make contributions or expenditures for proper legal expenses in contesting the results of an election.

EFFECT ON STATE LAWS

SEC. 211. This Act shall not be construed to annul, or to exempt any candidate from complying with, the laws of any State relating to the nomination or election of candidates, unless such laws are directly inconsistent with the provisions of this Act: Provided, That the limitations on expenditures prescribed in section 208 shall supersede any such limitations prescribed in State laws which differ therefrom.

PARTIAL INVALIDITY

SEC. 212. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.

REPEALING CLAUSE

SEC. 213. The Federal Corrupt Practices Act, 1925, and all other Acts or parts of Acts inconsistent herewith are repealed.

TITLE III-AMENDMENTS TO CRIMINAL CODE

DEFINITIONS

SEC. 301. Section 591 of title 18 of the United States Code is amended to read as follows:

"§ 591. Definitions

"When used in sections 597, 599, 602, 608, 609, 610, and 612 of this title"(1) The term 'election' includes a general, special, or primary election, including a preferential primary, and a convention or a caucus of a political party held for the purpose of nominating candidates;

"(2) The term 'candidate' means an individual whose name is presented at an election for nomination for, or election as, President or Vice President, or Senator or Representative in, or Resident Commissioner to, the Congress of the United States, whether or not such individual is nominated or elected;

"(3) The term 'political committee' includes any committee, association, or organization which accepts contributions or makes expenditures in an aggregate amount exceeding $2,500 in any calendar year for the purpose of influencing or attempting to influence in any manner whatsoever the election of a candidate or candidates or presidential or vice presidential electors;

"(4) The term 'contribution' includes a gift, subscription, loan, advance, or deposit, of money, or anything of value, or transfer of funds between committees, and includes a contract, promise, or agreement, whether or not legally enforcible, to make a contribution;

"(5) The term 'expenditure' includes a payment, distribution, loan, advance, deposit, or gift, of money, or anything of value, or transfer of funds between committees, and includes a contract, promise, or agreement, whether or not legally enforcible, to make an expenditure;

"(6) The term 'person' includes an individual, partnership, committee, association, corporation, and any other organization or group of persons;

"(7) The term 'State' includes the Commonwealth of Puerto Rico, any possession of the United States, and the District of Columbia."

OVERALL LIMITATION ON FINANCIAL AID TO CANDIDATES OR POLITICAL COMMITTEES AND PROHIBITION OF CERTAIN PURCHASES

SEC. 302. Section 608 of title 18 of the United States Code is amended to read as follows:

"SEC. 608. (a) Whoever, directly or indirectly, makes contributions or expenditures in an aggregate amount in excess of $10,000 during any calendar year, or in connection with any campaign for nomination or for election, for any or all of the following purposes

"(1) to or on behalf of any candidate or candidates for an elective Federal office or offices, including the offices of President and Vice President of the United States and Presidential and Vice Presidential electors, or

"(2) to or on behalf of any committee or committees or other organizations engaged in furthering, advancing, or advocating the nomination or election of any candidate or candidates for any such office or offices or the success of any national political party,

61789-603

shall be fined not more than $5,000 or imprisoned not more than five years, or both.

"This subsection shall not apply to contributions or expenditures made by a political committee.

"(b) Whoever purchases any goods, commodities, advertising, or articles of any kind or description, the proceeds of which, or any portion thereof, directly or indirectly inures to the benefit of or for any candidate or any political committee shall be fined not more than $5,000 or imprisoned not more than five years, or both: Provided, however, That this subsection shall not apply to the purchase and sale by candidates and committees of campaign pins, buttons, and similar materials for prices not exceeding $5 per article: And provided further, That nothing in this subsection shall be construed to prohibit the purchase from any political committee of any goods, commodities, advertising, or articles sold by such political committees on a nonprofit basis, nor shall it interfere with the usual and known business, trade, or profession of any candidate.

"(c) In all cases of violations of this section by any person other than an individual, any officer, director, or managing head thereof who consents to such violation, shall be punished as herein provided."

MAXIMUM CONTRIBUTIONS TO AND EXPENDITURES BY INTERSTATE POLITICAL

COMMITTEES

SEC. 303. The first paragraph of section 609 of title 18 of the United States Code is amended to read as follows:

"No political committee operating in two or more States shall receive contributions or make expenditures in any calendar year in amounts greater than the amount obtained by multiplying 20 cents by the highest number of voters casting votes for all candidates for the office of Presidential elector in any one of the last three elections for that office."

PUBLICATION OR DISTRIBUTION OF ELECTION MATERIALS

SEC. 304. Section 612 of title 18 of the United States Code is amended by inserting after the word "names" wherever it appears therein the words "and addresses".

TITLE IV-EFFECTIVE DATE

EFFECTIVE DATE

SEC. 401. Titles I and II and the amendments made by title III shall take effect on January 1, 1961, except that the provisions of this Act shall not apply to contributions and expenditures made prior to such date; but nothing in this Act shall relieve any person from filing any statements or reports required under the law in force prior to the date of enactment of this Act.

[H.R. 9938, 86th Cong., 2d sess.]

A BILL To revise the Federal election laws, to prevent corrupt practices in Federal elections, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Elections Act of 1960".

TITLE I-TABLE OF CONTENTS AND DEFINITIONS

TABLE OF CONTENTS

SEC. 101. This Act is divided into titles and sections according to the following table of contents:

TABLE OF CONTENTS

TITLE I-TABLE OF CONTENTS AND DEFINITIONS

Sec. 101. Table of contents.
Sec. 102. Definitions.

TITLE II CAMPAIGN PRACTICES

Sec. 201. Organization of political committees.

Sec. 202. Reports by political committees.

Sec. 203. Reports by other than political committees.

Sec. 204. Reports by candidates.

Sec. 205. Formal requirements on filing reports and statements.

Sec. 206. Duties of the Clerk of the House of Representatives and the Secretary of the Senate.

Sec. 207. Duties of clerks of United States district courts.

Sec. 208. Limitations upon amount of expenditures.

Sec. 209. General penalties for violations.

Sec. 210. Expenses of election contests.

Sec. 211. Effect on State laws.

Sec. 212. Partial invalidity.

Sec. 213. Repealing clause.

Sec. 301. Definitions.

TITLE III-AMENDMENTS TO CRIMINAL CODE

Sec. 302. Overall limitation on financial aid to candidates or political committees and prohibition of certain purchases.

Sec. 303. Maximum contributions to and expenditures by interstate political committees. Sec. 304. Publication or distribution of election materials.

Sec. 401. Effective date.

TITLE IV-EFFECTIVE DATE

DEFINITIONS

SEC. 102. As used in this title and title II, unless the context clearly indicates otherwise

(1) The term "election" includes a general or special election, but does not include a primary election or convention of a political party;

(2) The term "candidate" means an individual whose name is presented at an election for election as President or Vice President, or Senator or Representative in or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected;

(3) The term "political committee” includes any committee, association, or organization which accepts contributions or makes expenditures in an aggregate amount exceeding $1,000 in any calendar year for the purpose of influencing or attempting to influence in any manner whatsoever the election of a candidate or candidates or presidential or vice presidential electors;

(4) The term "contribution" includes a gift, subscription, loan, advance, or deposit, of money, or anything of value, or transfer of funds between committees, and includes a contract, promise, or agreement, whether or not legally enforcible, to make a contribution;

(5) The term "expenditure" includes a payment, distribution, loan, advance, deposit, or gift, of money, or anything of value, or transfer of funds between committees, and includes a contract, promise, or agreement, whether or not legally enforcible, to make an expenditure:

(6) The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons; and (7) The term "State" includes the Commonwealth of Puerto Rico, any possession of the United States, and the District of Columbia.

TITLE II-CAMPAIGN PRACTICES

ORGANIZATION OF POLITICAL COMMITTEES

SEC. 201. (a) Every political committee shall have a chairman and a treasurer. No contribution shall be accepted, and no expenditure made, by or on behalf of a political committee for the purpose of influencing an election until such chairman and treasurer have been chosen. No expenditure shall be made for or on behalf of a political committee without the authorization of its chairman or treasurer.

(b) Every person who receives a contribution for a political committee shall, on demand of the treasurer, and in any event within five days after the receipt of such contribution, render to the treasurer a detailed account thereof, including the name and address of the person making such contribution, and the date on which received. It shall be the duty of the treasurer to see to it that all contributions received by or for a committee shall be kept separate from any personal funds and deposited in a special account.